J A_16-10_Jordan_6_mo_Ext_(FINAL_Redact_for_FBO_Post)_1Feb16_Redacted.pdf

JUSTIFICATION AND APPROVAL

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

STEVEDORING & RELATED TERMINAL SERVICES (S&RTS) AND THIRD PARTY

LOGISTICS (3PL), KINGDOM OF JORDAN

W52P1J-11-D-0018

1. CONTRACTING ACTIVITY

United States Transportation Command (USTRANSCOM), Directorate of Acquisition, Specialized Transportation and Support Division, 508 Scott Drive, Building 1900W, Scott AFB

IL 62225-5357.

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

This action will result in the award of a six (6) month extension of the Firm Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) contract with the incumbent contractor, Seven Seas Marine Services, in accordance with FAR 52.217-8, Option to Extend Services. The Period of Performance (PoP) for this extension is 1 Feb 16 – 31 Jul 16. The total estimated value for this action is .

3. DESCRIPTION OF THE SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

The contract will provide the 595th Transportation Brigade (595th Trans BDE) services needed to maintain and sustain current and future operations while the follow-on contract is solicited.

S&RTS and 3PL are required to move and track Department of Defense (DoD) sponsored cargo through the Port of Aqaba, Jordan in support of national and strategic military interests of the United States of America. S&RTS includes vessel loading, vessel discharge, receipt of cargo, disposition of cargo, stuffing/unstuffing of cargo, intra-terminal transfer of cargo, inland transportation of cargo and management expertise. 3PL primarily involves the logistics and tracking services related to the movement of DoD sponsored cargo.

4. STATUTORY AUTHORITIY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 U.S.C. 2304(c)(1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. DEMONSTRATION THAT THE NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED

A Request for Service Contract Approval (SCR) package containing the Performance Work Statement (PWS) and Independent Government Cost Estimate (IGCE) for the follow-on contract was submitted to TCAQ by SDDC/G9 on 21 July 2015. Several rounds of review of the PWS and IGCE followed, culminating in a final requirements package dated 22 September 2015.

TCAQ review for clearance to issue the solicitation began 30 September 2015.

Due to the late timing of a finalized requirements package, we initially intended to pursue exercising the six (6) month extension to the current contract. However, during the TCAQ review, it was discovered that the incumbent contractor, was preliminarily excluded with the System for Award Management (SAM) pending explained that we could not extend the current contract while an exclusion action was pending against the incumbent contractor. Additionally, due to the risk of not completing the award of the follow-on contract in a very limited timeframe and to avoid interruption in service, we recommended that the most prudent business course that would fulfill government needs would be to solicit from a select number of sources that market research and field expertise demonstrated would be technically capable and responsible. A SCR package to accomplish a bridge contract was approved 11 November 2015. On 24 November 2015, our office was informed that the exclusion action had been terminated and that company would now be eligible for award.

The primary purpose for approval of this contract action is that the original price evaluation did not include an evaluation of a six (6) month extension beyond the base and four (4) option periods.

Failure to extend the current services by executing a bridge contract would result in mission failure. Support for current and ongoing missions is a necessity and there must not be an interruption in service. An unacceptable delay or interruption of service jeopardizes support and secure deployment of military personnel and cargo during missions and any unforeseen emergency. The six (6) month extension provides the required services and support to ensure mission success, provides a timeframe to ensure full and open competition for the follow-on requirement, and mitigates the possibility of negative impact to the nation’s strategic combat effectiveness.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED

FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE

Competitive offers were not sought for the proposed six (6) month extension of services since the acquisition process is in progress for a follow-on contract. TCAQ released the new competitive Request for Proposal (RFP) on 30 December 2015.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The base year and option year prices provided for the current contract were determined fair and reasonable at the time of award. That determination was based on price competition, a comparison with previous contracts and IGCE. Option Year 4 rates will apply to this six (6) month extension period and price were considered fair and reasonable for Option Period 4 at time of award. Based on this information, the Contracting Officer has made a determination that the anticipated cost to the Government will be fair and reasonable.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS

TCAQ-R conducted extensive market research for the follow-on acquisition. A Request for Information (RFI) HTC711-15-R-ZR11 was posted to FedBizOpps on 5 May 2015.

A draft RFP was posted for comments to FedBizOpps on 26 August 2015. No additional market research was conducted specifically for this six (6) month extension.

9. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMETITION

None.

10. A LIST OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION

The following companies expressed interest in the follow-on acquisition for these services:

11. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY

SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED

The Government has begun the acquisition process of procuring the required services. The solicitation was issued on 30 December 2015 using full and open competitive procedures.

TCAQ-R anticipates award in June 2016. Milestones for the follow-on requirement are being established to include adequate start-up time to remove any barriers to competition.

12. CONTRACTING OFFICER CERTIFICATION

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

BECKY S. MOLLOY Date Contracting Officer

13. TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

BRANDON SNYDER Date Functional Manager, SDDC, G3

MOLLOY.BECKY.S.12

45997082

Digitally signed by MOLLOY.BECKY.S.1245997082 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=MOLLOY.BECKY.S.1245997082 Date: 2016.01.07 10:29:56 -06'00'

SNYDER.BRANDON.

MICHAEL.12422194

Digitally signed by

SNYDER.BRANDON.MICHAEL.1242219453

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SNYDER.BRANDON.MICHAEL.1242219453 Date: 2016.01.07 10:39:05 -06'00'

CONTRACTING ACTIVITY: United States Transportation Command, USTRANSCOM/TCAQ-R, 508 Scott Drive, Building 1900W, Scott AFB, IL 62225-5357

PROGRAM/PROJECT: S&RTS and 3PL, Kingdom of Jordan

AUTHORITY: 10 U.S.C. 2304(c)(1)

ESTIMATED CONTRACT COST:

TYPE OF J&A: Individual

REVIEW AND APPROVAL:

BECKY S. MOLLOY Date Contracting Officer

Office of the Staff Judge Advocate Date

MOLLOY.BECKY.S.12

45997082

Digitally signed by MOLLOY.BECKY.S.1245997082 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=MOLLOY.BECKY.S.1245997082 Date: 2016.01.07 10:35:25 -06'00'

RIES.PETER.BOHM

AN.1014180296

Digitally signed by

RIES.PETER.BOHMAN.1014180296

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=RIES.PETER.BOHMAN.1014180296 Date: 2016.01.07 14:33:46 -06'00'